BILL NUMBER: SB 2045	CHAPTERED  07/10/00

	CHAPTER   119
	FILED WITH SECRETARY OF STATE   JULY 10, 2000
	APPROVED BY GOVERNOR   JULY 7, 2000
	PASSED THE SENATE   JUNE 29, 2000
	PASSED THE ASSEMBLY   JUNE 26, 2000
	AMENDED IN ASSEMBLY   JUNE 20, 2000
	AMENDED IN ASSEMBLY   MAY 30, 2000

INTRODUCED BY   Senator Schiff

                        FEBRUARY 25, 2000

   An act to amend Sections 3760, 3773, and 17422 of the Family Code,
relating to medical support for children.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 2045, Schiff.  National medical support notice.
   Under existing state law, in Title IV-D cases in which child
support services are being provided by the district attorney and the
court has ordered a parent to provide health insurance coverage, the
district attorney is required to serve the parent's employer with
either the health insurance coverage assignment order or a notice of
the order, as specified.  Federal law requires that, in those cases
where the noncustodial parent is providing the insurance coverage and
changes jobs, the agency shall provide notice to the new employer,
which notice shall enroll the child in the new health plan, unless
the parent contests the notice.
   Under existing law, child support enforcement services will begin
to be transferred to defined local child support agencies, commencing
January 1, 2001.
   This bill would, in the above-described cases, instead require the
local child support agency to serve the parent's employer with a
notice, referred to as a "national medical support notice," as
required by that federal law.  The bill would make related changes.
   Under existing law, if the spouse or child does not receive public
assistance or aid and is not a Medi-Cal applicant or recipient, the
local child support agency is required to obtain the applicant's
consent prior to providing medical support enforcement services.
   This bill would delete this provision.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  SECTION 1.  Section 3760 of the Family Code is amended to read:
   3760.  As used in this article, unless the provision or context
otherwise requires:
   (a) "Employer" includes the United States government and any
public entity as defined in Section 811.2 of the Government Code.
   (b) "Health insurance," "health insurance plan," "health insurance
coverage," "health care services," or "health insurance coverage
assignment" includes vision care and dental care coverage whether the
vision care or dental care coverage is part of existing health
insurance coverage or is issued as a separate policy or plan.
   (c) "Health insurance coverage assignment" or "assignment order"
means an order made under Section 3761.
   (d) "National medical support notice" means the notice required by
Section 666(a)(19) of Title 42 of the United States Code with
respect to an order made pursuant to Section 3773.
  SEC. 2.  Section 3773 of the Family Code is amended to read:
   3773.  (a) This section applies only to Title IV-D cases where
support enforcement services are being provided by the local child
support agency pursuant to Section 17400.
   (b) After the court has ordered that a parent provide health
insurance coverage, the local child support agency shall serve on the
employer a national medical support notice in lieu of the health
insurance coverage assignment order.  The national medical support
notice may be combined with the order/notice to withhold income for
child support that is authorized by Section 5246.
   (c) A national medical support notice shall have the same force
and effect as a health insurance coverage assignment order.
   (d) The obligor shall have the same right to move to quash or
terminate a national medical support notice as provided in this
article for a health insurance coverage assignment order.
  SEC. 3.  Section 17422 of the Family Code is amended to read:
   17422.  (a) The state medical insurance form required in Article 1
(commencing with Section 3750) of Chapter 7 of Part 1 of Division 9
shall include, but shall not be limited to, all of the following:
   (1) The parent or parents' names, addresses, and social security
numbers.
   (2) The name and address of each parent's place of employment.
   (3) The name or names, addresses, policy number or numbers, and
coverage type of the medical insurance policy or policies of the
parents, if any.
   (4) The name, CalWORKs case number, social security number, and
Title IV-E foster care case number or Medi-Cal case numbers of the
parents and children covered by the medical insurance policy or
policies.
   (b) (1) In any action brought or enforcement proceeding instituted
by the local child support agency under this division for payment of
child or spousal support, a completed state medical insurance form
shall be obtained and sent by the local child support agency to the
Department of Child Support Services in the manner prescribed by the
Department of Child Support Services.
   (2) Where it has been determined under Section 3751 that health
insurance coverage is not available at no or reasonable cost, the
local child support agency shall seek a provision in the support
order that provides for health insurance coverage should it become
available at no or reasonable cost.
   (3) Health insurance coverage shall be considered reasonable in
cost if it is employment-related group health insurance or other
group health insurance, regardless of the service delivery mechanism.
  As used in this section, "health insurance coverage" also includes
providing for the delivery of health care services by a fee for
service, health maintenance organization, preferred provider
organization, or any other type of health care delivery system under
which medical services could be provided to the dependent child or
children of an absent parent.
   (c) (1) The local child support agency shall request employers and
other groups offering health insurance coverage that is being
enforced under this division to notify the local child support agency
if there has been a lapse in insurance coverage.  The local child
support agency shall be responsible for forwarding information
pertaining to the health insurance policy secured for the dependent
children for whom the local child support agency is enforcing the
court-ordered medical support to the custodial parent.
   (2) The local child support agency shall periodically communicate
with the department to determine if there have been lapses in health
insurance coverage for public assistance applicants and recipients.
The department shall notify the local child support agency when there
has been a lapse in court-ordered insurance coverage.
   (3) The local child support agency shall take appropriate action,
civil or criminal, to enforce the obligation to obtain health
insurance when there has been a lapse in insurance coverage or
failure by the responsible parent to obtain insurance as ordered by
the court.
   (4) The local child support agency shall inform all individuals
upon their application for child support enforcement services that
medical support enforcement services are available.
